IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED October 20, 2009 No. 08-41243 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

UBALDO DIAZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-784-ALL

Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent Ubaldo Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Diaz has filed a response. Our independent review of the record, counsel’s brief, and Diaz’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

* Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.